Ask TexLaw Your Own Question

In a federal FCRA civil case, I answered the defendants 23

Resolved Question:

In a federal FCRA civil case, I answered the defendant's 23 interrogatories with answers 14 times, and objections for the others. The attorney responded by telling me that my objections were improper and that if I didn't change them he was fling a MTC the next day asking for sanctions and costs. I researched what he said and revised my answers by responding with an allowed objection, and "Subject to and without waiving" and answered all but two of them. Now he's writing me that "Subject to" means I'm hiding something and unless I answer with “without waiving the objection” instead he's filing the MTD tomorrow. They are demanding my SSN, and I'm objecting. (privileged and confidential, protected, etc.) and he says since this is an FCRA case I have to provide it.1) Is he correct re: Subject to?2) how likely is the court to sanction me and make me pay for costs?3) is he correct re: SSN?

Since you are the Plaintiff in an FCRA case, whether the defendant's request for your social security number is XXXXX the scope of discovery is debatable, depending on the specific circumstances of the case.

What I mean by this is that an objection that the request seeks to violate your right to privacy and seeks information outside of the scope of discovery is one that is made in good faith. A motion to compel is the only way for the judge to rule on whether your objections are valid or not. If you are trying to work in good faith with the other side (which it sounds like you are), then you should not worry about sanctions. The threat of sanctions sounds like the defense attorney is trying to bully you.

Making your answer "subject to" the objection is perfectly fine as well. If he wants to get a ruling on the objection, it is his right to do so. But, it is your right to make the objection, if the objection is made in good faith. Don't withdraw the objections based on his threat. Tell him to get a ruling from the judge and tell him that you are trying to cooperate, but that you do not believe he is entitled to the information requested.

Sanctions would probably be the cost of the motion (between 500 to 1500).

SSN's are not always disclosable. If the information that the defendant seeks may be obtained without the use of your SSN, then the defendant should obtain the information that way (which is less intrusive).

I filed IFP. Will thus have a bearing on sanctions, especially since I have repeatedly offered to work this put, outside the court? Def. atty. says that since there's only 11 days left in the discovery period, that there's no time to wait for us to work it out. But his waiting until 38 days before the discovery period is up to propound discovery on me is not my problem, right? He already asked for a two week extension which I did not oppose and he got.

That you have attempted to work with the defense counsel, you will not likely be sanctioned. Sanctions are an extraodrinary remedy.

It indeed is not your problem that the defense attorney waited until the end of the discovery period to seek discovery.

Sanctions are usually reserved for abusive behavior or violations of court orders. They do not seem to apply in the situation you have described, and I think this is the defense attorney just trying to scare you into capitulation.

"IFP" = in forma paupris. Also- the time for me to respond (30 days + 3 days mailing) was up yesterday. Could he be trying to trick me into revising and responding late and therefore waiving my right to object?They answered me one day after the deadline and had multiple objections. I informed the day after I received their answer of that and and asked three more times for their revised answers. They haven't responded. Do I file a MTC tomorrow?

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. LeeMichigan

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

63 Lawyers are Online Now

Type Your Legal Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).